Information gathered about you when you leave and enter the country will now be shared by the Canada Border Services Agency with other federal government departments under a new agreement.

Questions were raised Monday over the new CBSA policy and privacy rights as the agency moves to share border information with other federal departments.

It is being anticipated the information will be increasingly passed on so federal departments can pursue health card, immigration and tax violations.

There will be both good and bad with increase data sharing by CBSA, said local immigration lawyer Andrew Porter.

“Where this arises is abuse by people utilizing public medicine who no longer qualify for it,” he said. “People move to the U.S. and become a permanent resident and still maintain eligibility for OHIP. As a taxpayer to see that abuse is an affront to anyone who pays into it.”

Tax cheats are another problem, Porter said.

“But I’m also very concerned about the growing intrusion of growing government,” he said.

Porter is currently representing one client who allegedly had her OHIP revoked improperly based on information initially gathered by customs and having difficulty getting it re-instated.

“Some of the questions asked by these people (customs officers) can be very offensive,” he said. “I understand where they are coming from, although I’m not comfortable with the intrusion of state.

“It does seem inevitable in this day and age. There is abuse that needs to be sanctioned, but to paint everyone with a broad brush – where will this data go, for what use and will it be for its stated purpose?”

Personal information collected by CBSA can include a traveller’s name, date of birth, nationality, sex, document type, document number, work location, date and time of entry.

Canada and U.S. currently share entry data at all land border crossings of third-country nationals, permanent residents, visitors, foreign students and those on work permits. Starting this summer, the program will include every Canadian travelling through land border crossings such as Windsor-Detroit.

Canada will also soon develop an exit record system – similar to the U.S. – where airlines are called upon to submit passenger info on outbound international flights.

CBSA did not respond to The Star on Monday.

CBSA spokeswoman Esme Bailey told the Toronto Star “access to the information will be limited to designated users with an operational requirement for the information on a “need-to-know” basis.

“All personal data received will be stored in a secure database and IT safeguards and restrictions will be in place in accordance with the Government of Canada security policies and standards.”

The CBSA wouldn’t specify which departments would have access, but added the data wouldn’t be shared with the provinces.

Local MP Brian Masse (NDP – Windsor West) pointed to a 2010 privacy commissioner’s report which indicated information collected by customs officers has to be relevant, limited and accurate. There also has to be improved safeguards around the information.

As CBSA continues to move in this direction there also has to be an opportunity for Canadians to provide feedback before final decisions get made, he said.

“We all have to understand what’s being collected, when it will be collected and how it’s going to be used,” Masse said.”It has to be about openness and accountability before a final agreement on this is put into place.”

Customs is supposed to be focused on goods returning into Canada, but it’s often fuzzy since someone may be working illegally in the U.S. or could be married to someone who is illegally in Canada, Porter said.

“It’s a question of balancing the liberties of citizens of both countries against the needs of the state to provide a safe and law-abiding community.

“I often get frustrated in my practice around ‘what do they know and how do they know it?’ These issues have to got to be forthright and with a purpose.”

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